IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR JUSTICE L.NARAYANA SWAMY MFA NO.7895 OF 2015 (MV - I) BETWEEN:
SEENAPPA S/O LATE HANUMANTHAPPA 62 YEARS R/O SIDDADEVARAGUDI BEEDHI HALEPETE, KADUR TOWN CHIKMAGALUR DISTRICT – 577 548 (BY SRI.R.C.NAGARAJ, ADV.) AND:
... APPELLANT 1. M.MURULIDHARA S/O NAGESHA AGE: 25 YEARS R/O NADAVATHI VILLAGE AND POST, HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114 DRIVER OF THE QUALIS CAR BEARING REG NO.KA.04/MA.2627 2. BABU S/O LATE MUNIYAPPA AGE: 55 YEARS RC OWNER OF THE QUALIS CAR BEARING REG.NO. KA.04/MA.2627 R/O 132, NADAVATHI VILLAGE AND POST, HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114 3. IFFCO – TOKYIO GENERAL INSURANCE COMPANY LTD CUSTOMER’S SERVICE CENTRE SRI.SHANTHI TOWERS 5TH FLOOR, NO.141, 3RD MAIN EAST OF N.G.E.F. LAYOUT KASTHURI NAGARA BANGALORE – 43 REPRESENTED ITS BRANCH MANAGER ... RESPONDENTS (BY SRI.D.S. SRIDHAR, ADV. FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.07.2015 PASSED IN MVC NO.87/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KADUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Appellant – claimant met with the motor vehicle accident on 30.12.2011. As per the evidence of doctor he has suffered 35% disability. Tribunal has taken income of the claimant at Rs.3,000/-.
2. It is the submission of the learned counsel for the appellant that under the head of loss of amenities only Rs.5,000/- awarded and it is lower in side and under the head future medical treatment also nothing is awarded.
3. Learned counsel for the respondents submitted to dismiss this appeal since the compensation awarded is a compensation.
4. Heard learned counsel on both sides.
5. Claimant submits that he was earning Rs.6,000/-
p.m. But the said submission cannot be accepted since at the time of accident he was aged about 60 years. Even, then pain and sufferings is not an exception to person who is at the age of 59 years and he stated that he was working for some provision store.
6. Considering the nature of injuries and disability to the extent of 35% to the whole body, in the ends of justice to award just compensation, it is appropriate to assess the income at Rs.6,000/-. Accordingly, same is calculated. Hence, the compensation would be Rs.6,000/-x12x5x13%=Rs.46,800/- and the same is awarded as against Rs.24,600/- awarded by the Tribunal. Hence, another Rs.22,200/- is awarded under the head future loss of income. Under the head loss of amenities another Rs.25,000/- is awarded. The compensation awarded under all other heads are just and proper and there is no scope for enhancement.
7. Accordingly, the appeal is allowed. The appellant – claimant is entitled for a total sum of Rs1,64,486/-
(Rs.1,17,286/- awarded by the Tribunal + Rs.47,200/- enhanced compensation) which shall carry interest at the rate of 8% p.a., from the date of petition till the date of realization.
Sd/- JUDGE GH